The National Assembly (NASS) joint committee on the review of the 1999 constitution, in collaboration with the judiciary, has initiated processes to strengthen the independence of the judiciary, shield it from political pressures, and ensure that decisions made promote the common good.
Deputy Speaker of the House of Representatives, Benjamin Kalu, highlighted these efforts at the ongoing two-day retreat by members of the Senate and House of Representatives Committee on the Review of the 1999 Constitution, along with speakers of the state houses of assembly and members of the judiciary.
In his opening address, Kalu noted that the sectoral engagement aims to improve citizens’ access to justice, enhance public trust in the judiciary, expand the jurisdiction of certain courts to address contemporary challenges, clarify the powers and jurisdictions of judicial authorities, address electoral disputes, and uphold the principles of free, fair, and credible elections in Nigeria.
He described the judiciary in Nigeria as a pillar of justice, tasked with upholding the rule of law, protecting individual rights, and ensuring the accurate interpretation and application of the Constitution. “As one of the three branches of the government, alongside the executive and the legislature, the judiciary plays a crucial role in maintaining the balance of power and fostering a just society,” Kalu stated. “It plays a pivotal role in the administration of justice, interpretation of laws, upholding the Constitution, and ensuring that the rights of citizens are protected and the freedom of individuals is guaranteed.”
Kalu expressed confidence that the sectoral engagement, which brought together practitioners, experts, and legislators at the national and sub-national levels, would achieve positive results. He noted that the House of Representatives currently has 29 bills at various stages of consideration, addressing issues such as the quick dispensation of justice, setting time limits for criminal cases in appellate courts to eliminate delays, establishing an electoral offences commission, increasing the number of Supreme Court justices, and setting procedures for the removal of judicial officers to guarantee judicial independence.
Emphasizing the role of the judiciary in delivering justice and shaping society, he said, “Its effectiveness dwells on the principles of independence, fairness, and integrity, which are crucial for sustaining public confidence in the legal system.” He challenged the judiciary to make its challenges known, stating, “As the beasts of burden in the dispensation of justice, it is most critical that we know from you the challenges, the mischiefs we intend to cure in these amendments, and how we can make them sustainable. It is also important to ensure that we do not inadvertently cure a mischief and create another.”
Kalu also mentioned that memoranda on about 16 thematic areas have been received from the public and stakeholders, while proposed bills from members of the House of Representatives were still being collated. The thematic areas include federal structure and devolution of powers, independent candidacy, public revenue, fiscal federation and revenue allocation, legislature, electoral reforms, local government autonomy, fundamental human rights, Nigerian police and security architecture, judicial reforms, immunity, gender and vulnerable groups, state creation, traditional institutions, residency and indigeneship, and governance.
He noted that the leadership of the state assemblies was also invited to the retreat to ensure alignment on matters concerning the Federation and the Constitution. “I am supremely confident that this college of leaders will superintend and guide us towards a more perfect union,” he said.
In his remarks, the president of the Nigeria Bar Association (NBA), Yakubu Maikyau, commended the 10th Assembly for organizing the retreat. He said, “The two-day retreat would enable stakeholders in the justice sector to come together and engage with the parliament in the consideration of the provisions of the Constitution of the Federal Republic of Nigeria that require amendment to see the effective and efficient administration of justice in the country. Some of you already know that proposals have been submitted to the House of Representatives for consideration of the review of the constitution with respect to aspects that touch on the judiciary. The proposals have only been given to us today, and that is why both my Lord Justice, the Attorney General of the Federation, representing the Chief Justice of Nigeria, the president of the national industrial court, and myself, have requested time to go through them.”
Maikyau added, “If we have sincere operation of the constitution, that is to say, the implementation of the constitution is motivated by honesty and sincerity to serve the interest of the public, we will not be where we are right now. So, that is why in my motion, I said that we should do this exercise honestly and sincerely, having the people of this country in mind as the center of the focus of this exercise, because if you get the judiciary right, it means you have got your country right. So, we are expecting to see the right kind of development, harmony, and peace in the country, and that is my take from this exercise.”
